Common Mistakes Employers Make During the Return-to-Duty Process—and How to Avoid Them

The Return-to-Duty (RTD) process is a critical compliance requirement under the Department of Transportation (DOT) drug and alcohol testing program. It is designed to ensure that employees who have violated drug and alcohol testing rules can only resume safety-sensitive duties once they demonstrate compliance with federal regulations.

While the process is straightforward on paper, employers often stumble over critical details, leading to compliance risks, fines, and workplace safety concerns. In 2025, with evolving marijuana laws, updated DOT guidance, and growing reliance on digital platforms it is important to be aware about RTD guidelines.

In this article, we’ll examine the most common mistakes employers make during the Return-to-Duty process—and provide practical strategies to prevent them.

1. Failing to Understand the Full RTD Process

One of the biggest errors employers make is assuming the Return-to-Duty process is simply about passing one drug test. In reality, it involves multiple steps:

1. Immediate removal from safety-sensitive duties after a violation.

2. Referral to a qualified Substance Abuse Professional (SAP).

3. Completion of education or treatment as directed by the SAP.

4. Passing an observed Return-to-Duty test.

5. Ongoing follow-up testing for up to five years.

How to Avoid It:

Employers must train HR staff, supervisors, and Designated Employer Representatives (DERs) on the entire RTD process. This prevents costly missteps and ensures every stage is completed before reinstatement.

2. Neglecting the Role of the SAP

A Substance Abuse Professional (SAP) is central to the RTD process. Employers sometimes try to speed things up by skipping or minimizing the SAP’s involvement. This shortcut can invalidate the entire process and put the employer in violation of DOT regulations.

How to Avoid It:

Always ensure employees are referred to a qualified SAP who is listed in the DOT Clearinghouse. The SAP determines treatment requirements, conducts evaluations, and provides the final clearance for RTD testing.

3. Allowing Employees to Resume Work Too Soon

A common mistake is reinstating an employee after they complete treatment or education but before they pass the Return-to-Duty test. This puts both compliance and workplace safety at risk.

How to Avoid It:

Employers should have a clear internal policy that explicitly states:

• No employee may return to safety-sensitive functions until they successfully complete all SAP recommendations and

• Pass an observed Return-to-Duty drug/alcohol test.

4. Mishandling the Follow-Up Testing Plan

Even after passing the RTD test, employees are subject to follow-up testing—unannounced and directly observed—for up to five years. Employers sometimes fail to implement the SAP’s follow-up plan correctly, either by conducting too few tests or by giving employees advance notice.

How to Avoid It:

• Rely on a trusted testing provider or consortium/TPA to manage follow-up schedules.

• Keep follow-up testing random, unannounced, and strictly observed

• Document every test to maintain compliance records.

5. Ignoring the DOT Clearinghouse Requirements

Since the FMCSA Clearinghouse launched, employers are required to report violations and query the database before hiring or reinstating drivers. Failing to update or check the Clearinghouse can result in hefty fines.

How to Avoid It:

• Conduct pre-employment queries and annual queries for all CDL drivers.

• Report RTD completions and follow-up testing progress promptly.

• Assign a knowledgeable DER to manage Clearinghouse reporting.

6. Overlooking State Marijuana Laws vs. Federal Regulations

In 2025, more states allow recreational or medical marijuana use, creating confusion for both employers and employees. Some mistakenly believe state laws override DOT rules—but they do not. DOT strictly prohibits marijuana use for safety-sensitive employees, regardless of state legalization.

How to Avoid It:

• Educate employees that federal rules take precedence over state marijuana laws.

• Include this clarification in your drug and alcohol policy.

• Train supervisors to handle employee pushback with clear reference to DOT regulations.

7. Poor Documentation and Recordkeeping

Incomplete or inaccurate records can cause problems during a DOT audit. Employers often overlook documenting each step of the RTD process, from SAP referrals to follow-up testing.

How to Avoid It:

Maintain a secure and organized system for:

• SAP evaluations and reports.

• RTD and follow-up test results.

• Communication logs with employees and testing providers.

• Clearinghouse submissions and confirmations.

Digital compliance platforms in 2025 make it easier to store, track, and retrieve this information securely.

8. Failing to Communicate Clearly With Employees

Employees who violate drug and alcohol rules often feel overwhelmed and confused. Employers who fail to provide clear instructions may unintentionally prolong the process or increase noncompliance risks.

How to Avoid It:

• Provide employees with a step-by-step guide to the RTD process.

• Designate a single point of contact (such as the DER) for all RTD-related questions.

• Use simple, supportive communication to ensure employees understand their responsibilities.

9. Treating the RTD Process as Punitive Instead of Corrective

Some employers approach RTD as a punishment rather than a compliance and safety process. This attitude can discourage employees from completing the program or lead to strained workplace relationships.

How to Avoid It:

• Frame the RTD process as a second chance for compliance and safety.

• Support employees with access to resources and SAP guidance.

• Reinforce that the process is about protecting public safety, not just discipline.

10. Not Updating Policies for 2025 Changes

DOT regulations and workplace trends evolve over time. Employers who rely on outdated policies risk misalignment with current compliance requirements. For instance, electronic reporting and expanded Clearinghouse enforcement are now standard.

How to Avoid It:

• Review and update your drug and alcohol policy annually.

• Stay informed through DOT updates, Clearinghouse bulletins, and industry associations.

• Train supervisors and employees on new requirements each year.

Final Thoughts

The Return-to-Duty process is essential for balancing workplace safety, employee accountability, and regulatory compliance. However, many employers make avoidable mistakes—from failing to involve a SAP to mismanaging follow-up testing.

By investing in education, compliance tools, and clear communication, employers can navigate the RTD process smoothly, avoid costly penalties, and foster a safer work environment.

In 2025, as drug testing regulations adapt to new workplace realities, proactive employers will set themselves apart by handling RTD with consistency, accuracy, and fairness.